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HomeMy WebLinkAboutMinutes Council 091594CITY COUNCIL REGULAR MEETING CITY OF PALM BEACH GARDENS September 15, 1994 The Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order by Mayor Clark at 7:30 P.M. in the Assembly Room of the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, and opened with the Pledge of Allegiance to the Flag. ROLL CALL The City Clerk called the roll and present were Mayor Clark, Councilman Russo, and Councilwoman Furtado. Councilman Jablin and Vice Mayor Monroe were absent from the meeting. ANNOUNCEMENTS Mayor Clark stated the announcements were as posted on the City's Bulletin Boards. PUBLIC HEARINGS: 1994/1995 FISCAL YEAR BUDGET Mayor Clark summarized the budget procedure, stating that the public hearing to adopt a final millage rate and budget was required to be held not less than two days or more than five days after the advertisement was first published, which in this case occurred on September 12, 1994, and that at this public hearing the discussion of the percentage increase in millage over the rolled -back rate was required by statute, however, the proposed rate this year was a decrease; and that a millage rate would be adopted and then a budget would be adopted. Mayor Clark declared the a � N CITY COUNCIL REGULAR MEETING, 9/15/94 PAGE 2 public hearing open, and there being no comments from the public, closed the public hearing. Resolution 126, 1994 Mayor Clark stated that the first item for discussion was Resolution 126, 1994 - Levying tax mills on non- exempt personal property located within the corporate limits of the City for the year ending 12/31/94. Councilwoman Furtado moved that the first blank in Resolution 126, 1994 be filled in with a millage rate of 4.0748 mills; that the wording before the second blank be changed from "said millage rate exceeds the rolled -back rate by" to "said millage rate is below the rolled -back rate by "; that the second blank be filled in with 1.376 percent; that in Section 1, the non -voted millage rate be filled in with 4.0209; and that the voted rate be filled in with 0.539. Motion was seconded by Councilman Russo and unanimously carried. Ordinance 18, 1994 Ordinance 18, 1994, had been duly advertised for Public Hearing on 8/31/94 and 9/12/94. Councilman Russo moved that Ordinance 18, 1994, Levying a tax on real and personal property located within the corporate limits of the City of Palm Beach Gardens for year ending 12/31/94; affixing a total valuation thereon and tax rate thereon for said year; Adopting a Fiscal Budget for the Fiscal Year beginning 10/1/94 c CITY COUNCIL REGULAR MEETING, 9/15/94 PAGE 3 and ending 9/30/95, inclusive; appropriating funds for expenditures be approved for second reading and adoption. Motion was seconded by Councilwoman Furtado and unanimously passed. The City Clerk read on second reading by title only Ordinance 18, 1994. Resolution 127, 1994 Councilwoman Furtado made a motion to approve Resolution 127, 1994 with the name of Lindahl Ferrari Browning Hellstrom as City Engineer and Waterson, Hyland and Baird as City Attorney. Councilman Russo questioned whether these firms had been evaluated for performance. The City Manager stated that a minimum savings of $30,000 would be realized next year via a plan by Mr. Lindahl's firm to provide the City with a half -time engineer on site at City Hall. After discussion, it was the consensus of the City Council that evaluation and consideration for approval of each contract be done at the time of contract expiration and renewal, and that in the future the City Manager should share all evaluations with the City Council. Councilwoman Furtado withdrew her motion. Resolution 128, 1994 Councilwoman Furtado moved approval of Resolution 128, 1994, Appropriating salaries and fringe benefits for all Department Heads and designated Assistant Department Heads and Officers of the City. Motion was seconded by Councilman Russo. Discussion included _ 1 c '� CITY COUNCIL REGULAR MEETING, 9/15/94 PAGE 4 1 clarification that the City Council had reviewed the salaries proposed for employees listed in this Resolution and that the City Manager was now in the process of evaluating the performance of all listed employees and had found no reason that any of them I i should not remain employed by the City. Motion carried unanimously. Resolution 129, 1994 James T. Waldron, Human Resources Director, explained that the report on the recommended classification and salary plan for the City was now market based and identified and adjusted salary ranges. Councilwoman Furtado stressed that the person who answered the telephone for each department should be trained in basic telephone etiquette since they represented the City each time they answered the telephone. Director Waldron asserted that customer service training would be stressed, along with in -depth training which would be scheduled so that departments were not stripped of personnel to accomplish training. Motion was made by Councilwoman Furtado to approve Resolution 129, 1994, Approval of the 1994/1995 Compensation and Classification Plans of the City of Palm Beach ; Gardens. Motion was seconded by Councilman Russo and !I i unanimously approved. Resolution 130, 1994 Resolution 130, 1994 - Approval of tennis professional C ;1 CITY COUNCIL REGULAR MEETING, 9/15/94 s c PAGE 5 contract for the fiscal year 10/1/94 through 9/30/95 was discussed. City Manager Herakovich explained that responsibilities had been increased and benefits reduced in the 1993 contract. Motion was made by Councilman Russo to approve Resolution 130, 1994. Motion was seconded by Councilwoman Furtado and unanimously carried. Councilman Russo commented that at the last meeting he had requested from Finance Director Olson a breakdown of the amount of reduced overhead and the grant programs for the final Budget Hearing. Councilman Russo pointed out highlights of that report, including $494,000 savings to taxpayers and $261,000 savings to businesses in the new trash contract, and credited Finance Director Olson with locking in the rate over the 5 -year term of the contract for a $30,000 per year savings to residents. savings were also realized for auditing services, health insurance, and workers compensation insurance. Councilwoman Furtado commented that the City had taken advantage of grant funds for the first time, which could offset total projects cost of $1,170,438 by $901,030. The City Manager thanked residents who had volunteered their time, which had resulted in a savings of $54,700. a c CITY COUNCIL REGULAR MEETING, 9/15/94 ITEMS BY MAYOR AND CITY COUNCIL COUNCILWOMAN FURTADO COUNCILMAN RUSSO PAGE 6 Councilwoman Furtado reported the Lake Catherine Task Force had been working toward alternatives and solutions and after their September 28, 1994 meeting they would be prepared to formulate their report. Councilwoman Furtado suggested formulation of an citizens emergency services advisory panel to reduce pressure on police and emergency services departments. The City Manager was directed to discuss this matter with the Police Chief. Councilman Russo reported he had attended a Recreation Advisory Board meeting and that the Board was very concerned that if the City did not do something immediately about the parks that children would have to be excluded from recreation programs within the City. Councilman Russo requested that a workshop be scheduled with the Recreation Advisory Board, coordinated through the City Manager and the YAA to deal with this crisis. Councilman Russo also reported he had attended a meeting of the Municipal League which was working on the City's problem with intergovernmental coordination, and suggested a member of the staff attend the Municipal League meetings. In response to Councilman Russo's concern regarding CITY COUNCIL REGULAR MEETING, 9/15/94 PAGE 7 code enforcement, City Attorney Baird recommended that more efficient code enforcement could be provided for the City by amending the current section of the code that dealt with code enforcement to incorporate the statutory procedures of Chapter 162, Florida Statutes, and that a resolution would be presented to the City Council. MAYOR CLARK Mayor Clark reported a letter had been received from the new Planning Director of Palm Beach County apologizing for not following the intergovernmental coordination procedures and stating they would do so in the future. Mayor Clark reported staff had met with the Abacoa developer who had promised cooperation in some areas of the City's concern, and that he would contact Jupiter's Mayor to request cooperation from that City. councilman Russo voiced concern that if a stadium were not built with resulting jobs, he was not in favor of supporting Abacoa as only a residential development. CONSENT AGENDA: Councilwoman Furtado made a motion to approve the Consent Agenda as presented. Councilman Russo seconded the motion. The motion carried unanimously. The following items were approved on the Consent Agenda: 1. Approval of Minutes of 9/1/94 City Council L L CITY COUNCIL REGULAR MEETING, 9/15/94 PAGE 8 Regular Meeting. 2. Approval of Resolution 101, 1994 - Approval of Amendment to Admiralty II PUD to allow a Drive -Thru Canopy. RESOLUTIONS: RESOLUTION 6, 1994 City Manager Herakovich reported that Resolution 86, 1994, Appointing members to the Education Board, had been placed on the agenda even though enough members had not been found because of the City Council's request that this board be established as soon as possible. Councilman Russo reported that the Municipal League had established a group to look at the interworkings of the Palm Beach County School Board, the State Charter and Constitution to determine whether changes could benefit the cities. Alan Adams Alan Adams volunteered to attend the next SAC meeting to make a presentation and to pass out an information package, including an application so that interested residents could apply to become members of the Education Board. It was the consensus of the City Council to accept Mr. Adam's offer. Councilwoman Furtado expressed the idea that the establishment of the Education Board would send a message to teachers that there were people who care and would provide a place to turn for people who had problems regarding c CITY COUNCIL REGULAR MEETING, 9/15/94 PAGE 9 education. Councilman Russo questioned whether non- residents could serve and also whether the husband or wife of a councilmember could serve. The City Manager stated she would research this issue. It was the consensus of the City Council to place Resolution 86, 1994 on a future agenda when more applications had been received. Resolution 103, 1994 Resolution 103, 1994 was removed from the agenda since comments received from Northern Palm Beach County Water Control District have not been received. Resolution 125, 1994 Councilwoman Furtado moved approval of Resolution 125, 1994 - Approving the Rate Schedule for EMS Transport Service. Motion was seconded by Councilman Russo. Motion carried unanimously. ORDINANCES: Ordinance 20, 1994 Councilman Russo made a motion to place Ordinance 20, 1994 on first reading by title only, minus the wording regarding fees. Councilwoman Furtado seconded the motion. Motion carried unanimously. The City Clerk read on first reading by title only, Ordinance 20, 1994 Relating to Motor Vehicles; Providing for the Establishment of a Program entitled "Combat Automobile Theft ", Authorized Pursuant to the Florida Uniform Traffic Control Law; Providing for Administration of the Program. l � CITY COUNCIL REGULAR MEETING, 9/15/94 ITEMS FOR COUNCIL ACTION AUTO THEFT CRIME PREVENTION RALLY PROPERTY, CASUALTY AND WORKERS COMPENSATION INSURANCE RENEWAL E PAGE 10 Police Chief FitzGerald requested and received permission by consensus of the City Council to hold an Auto Theft Crime Prevention Rally on October 15, 1994 at the Promenade Plaza from 10 a.m. to 3 p.m. to educate residents on auto theft prevention methods and devices available to deter this type of crime. Police Chief FitzGerald explained this program would include demonstrations showing how quickly and easily a vehicle could be stolen, would provide VIN car window etching, window filming, C.A.T. (Combat Auto Theft) registration and decals, and car theft deterrent devices. The City Manager asked the City Council to look at the hubcaps on the police car sitting outside City Hall and report their color preference. Finance Director Olson reviewed comparisons of three insurance proposals received for the October 1, 1994 renewal, and reported that all three proposals offered substantial savings over the City's existing insurance program. Finance Director Olson recommended the Florida League of Cities, property and casualty insurance program since it would cover Public Officials Liability, would offer a $2 million per I CITY COUNCIL REGULAR MEETING, 9/15/94 PAGE 11 occurrence with no annual aggregate and would not include defense costs in any deductibles; the only costs which would apply to deductibles were settlement awards or judgements. For Workers Compensation coverage Finance Director Olson recommended GRIT (Governmental Risk Insurance Trust). Motion was made by Councilman Russo to accept the recommendations of staff for Florida League of Cities coverage for Property and Casualty and GRIT coverage for Workers Compensation coverage for the year beginning October 1, 1994. Councilwoman Furtado seconded the motion. Motion carried unanimously. AUTHORIZATION FOR PURCHASE OF TWO ALTERNATIVE FUEL VEHICLES City Manager Herakovich reported half of the cost of $39,011.21 would be reimbursed by State grant for two natural gas powered vehicles. Motion was made by Councilwoman Furtado to authorize purchase of two alternative fuel vehicles. Motion was seconded by Councilman Russo. Motion carried unanimously. ITEMS FOR DISCUSSION: ANNUAL PUBLIC AUCTION City Manager Herakovich reported October 15, 1994 was the date that had been set for the annual pubic auction and that a list of items to be auctioned had been provided to the City Council members. Councilman Russo moved to approve the public auction. Motion was CITY COUNCIL REGULAR MEETING, 9/15/94 PAGE 12 seconded by Councilwoman Furtado. Motion carried unanimously. CITY MANAGER City Manager Herakovich reported next week's Holly Drive Task Force meeting had been moved to Gardens Elementary School in order to accommodate as many residents as possible. The City Manager also reported that several residents had expressed concern that a concert was going to be held at The Oaks park, and had misunderstood that there would be a big band as opposed to the big band era sound. Planning and zoning Director Walton commented on a memo regarding the parkway for Central Boulevard, which covered Palm Beach County's requirement for a six -lane road. Mr. Walton stated that since the two - lane roadway was not heavily used that a six -lane road was not necessary, and that the County was concerned that when the roadway was one day turned over to the County the City would not approve six lanes. In order to obtain County approval for improvements to the two - lane road, Mr. Walton recommended that the Mayor send a letter to the County acknowledging that the improvements were temporary and recognizing that the road would one day be six lanes. It was the consensus of the City Council that residents of MI Homes be I L I L L CITY COUNCIL REGULAR MEETING, 9/15/94 PAGE 13 notified of the future roadway change, and that on any future developments homeowners must be notified, at time of purchase, of the roadway specifications and that they would be subject to change in the future. Councilman Russo made a motion to authorize Mayor Clark to sign the letter prepared by staff on the above issue. Motion was seconded by Councilwoman Furtado. Motion carried unanimously. Planning and Zoning Director Walton reviewed the items to be discussed at the Treasure Coast Regional Planning Council meeting scheduled for September 16, 1994. CITY ATTORNEY City Attorney Baird reported that Judge Graham had complimented the City for their progress in the Wyly class action and indicated that he would enter a final judgement. City Attorney Baird reported that a letter from Eagle Sanitation which attempted to create a bid protest had been received which Attorney Baird did not believe had standing; and that the City was waiting for the waiver from Waste Management for the alleged $800,000 damages. The City Attorney also reported mediation had been scheduled with Miss Byrd, Miss Erbacher, and Miss Bullock cases, and that if those cases were not L � CITY COUNCIL REGULAR MEETING, 9/15/94 PAGE 14 resolved in mediation the Byrd and Erbacker cases would move to trial in November and the Bullock case in possibly March. ADJOURNMENT There being no further business to discuss, motion was made by Councilman Russo, seconded by Councilwoman Furtado, and unanimously approved to adjourn the meeting at 9:40 P.M. APPROVAL %7 "t I MAYOR DAVID CLARK VICE MAYOR LIN A M NROE CO'UNCI 11) ( /JOSEPH RUSSO COUNCILMAN ERI LIN a14XI4;11-e- C COUNCILWOMAN LAUREN FURTADO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK � L Y L